Fireworks and Pyrotechnics Articles (Scotland) Bill: business and regulatory impact assessment

14. Enforcement, Sanctions and Monitoring

14.1 There are existing and long established enforcement and monitoring processes in place, with appropriate sanctions issued where non-compliance is identified, due to existing firework legislation in Scotland.

14.2 COSLA, local authority licensing officials, Trading Standards and Police Scotland have been engaged in and represented on the Firework Review Group and engagement has continued since as the 2021 consultation was progressed and the measures in the Bill developed.

14.3 New offences relating to the commercial supply of fireworks will be enforced by Trading Standards as is the case with existing firework legislation, with Police Scotland having responsibility for offences relating to the possession and use of fireworks, and the exchange of fireworks between individuals.

14.4 The introduction of a proxy purchasing offence criminalising the supply of fireworks and pyrotechnic articles to people under the age of 18 creates a new offence that will require to be enforced by Police Scotland. Similar offences already exist for the supply of alcohol or tobacco products to individuals under 18, and it is anticipated that this offence will be enforced and sanctioned in a similar way.

14.5 The Bill creates 11 new offences that will be enforced by Police Scotland:

• It is an offence for a person, without reasonable excuse or lawful authority, to purchase, acquire, possess or use F2 and F3 fireworks without having a valid fireworks licence.
• It is an offence for a person to sell, give or otherwise make F2 and F3 fireworks available to an unlicensed person.
• It is an offence for a person, without reasonable excuse, to fail to comply with the requirements of a notice of revocation of a fireworks licence.
• It is an offence for an individual to knowingly or recklessly make any statement which is false in any material particular, for the purposes of obtaining a fireworks licence.
• It is an offence for an individual to produce a false fireworks licence [or other false document] with a view to purchasing, acquiring, possessing or using fireworks.
• It is an offence for a person to knowingly buy or attempt to buy, give or otherwise make available F2, F3 and F4 fireworks or pyrotechnic articles to a person under the age of 18.
• It is an offence for a person to supply F2 and F3 fireworks on days other than those specified.
• It is an offence for a person to use F2 and F3 fireworks on days other than those specified.
• It is an offence for a person to ignite an F2, F3 or F4 firework in a fireworks control zone or to knowingly or recklessly throw or cast a lit firework into a fireworks control zone, or fire a firework into a fireworks control zone.
• It is an offence for a person, without reasonable excuse or lawful authority, to possess a pyrotechnic article, including F2, F3 and F4 fireworks, while the person is travelling to, in the immediate vicinity of, or attending a designated venue or event.
• It is an offence for a person, without reasonable excuse or lawful authority, to possess a pyrotechnic article, including F2, F3 and F4 fireworks, while the person is travelling to, participating in, or otherwise attending a public procession or a public assembly.

14.6 The Bill also creates four new offences that will be enforced by Trading Standards:

• It is an offence for a person to supply F2 and F3 fireworks to an unlicensed person.
• It is an offence for a person to supply F2 and F3 fireworks on days other than those specified.
• It is an offence for a person to obstruct an officer of a weights and measures authority or a constable.
• It is an offence for a person to make a statement which the person knows is false, or to recklessly make a statement which is false in a material particular to an officer of a weights and measures authority.

14.7 For all the offences included with the Bill, any person found guilty is liable on summary conviction to:

• Imprisonment for a term not exceeding six months; or
• A fine not exceeding level 5 on the standard scale; or
• Both.